If You See Blue,
Call DONAHUE
Call DONAHUE
Possession With Intent to Sell or Deliver in the Outer Banks
Charged With Possession With Intent to Sell or Deliver?
Possession with intent to sell or deliver, often called PWISD, is a felony in North Carolina under N.C.G.S. Section 90-95. The felony class depends on the drug, and larger amounts can turn the charge into trafficking, which carries mandatory prison time.
In Dare and Currituck County, these charges often follow traffic stops on US 158 and NC 12, searches of rental homes and vehicles, and investigations during the busy summer season.
Daniel Donahue is a Board Certified Specialist in State and Federal Criminal Law, certified by the North Carolina State Bar Board of Legal Specialization. He is the only board-certified criminal law specialist based in Dare County, and he handles felony drug charges in Dare and Currituck County courts and in federal court.
Charged with possession with intent to sell or deliver in Dare or Currituck County? Call or text Donahue Defense at 252-715-5785 as soon as you can.
What the State Must Prove
The State must prove that you possessed a controlled substance and that you intended to sell or deliver it.
- Possession can be actual, meaning on your person, or constructive, meaning in a place you had the power and intent to control, such as a car or a room, with knowledge that the drug was there.
- Intent is usually argued from the circumstances, such as the amount, how it was packaged, scales, cash, and text messages.
PWISD Penalties by Drug
| Drug | Possession with intent to sell or deliver | Sale |
|---|---|---|
| Schedule I or II drugs, such as heroin, cocaine, methamphetamine, and most opioid pills | Class H felony | Class G felony |
| Fentanyl or carfentanil, including mixtures and counterfeit pills | Class F felony | Class F felony |
| Schedule III, IV, V, or VI drugs, including marijuana and many prescription pills | Class I felony | Class H felony |
Giving away less than 5 grams of marijuana for no payment is not treated as a delivery under the statute. For marijuana amounts and simple possession, see possession of marijuana.
When It Becomes Trafficking
Trafficking is based on weight. The State does not have to prove intent to sell, only knowing possession, sale, delivery, transport, or manufacture of the amount. The weight includes the whole mixture, not just the pure drug, so a small number of pills can reach a trafficking weight.
| Drug | Trafficking begins at |
|---|---|
| Marijuana | More than 10 pounds |
| Cocaine | 28 grams |
| Methamphetamine | 28 grams |
| Opium, opioids, or heroin | 4 grams (fentanyl mixtures have a separate trafficking provision) |
| MDMA (ecstasy) | 100 dosage units or 28 grams |
| LSD | 100 dosage units |
Trafficking convictions carry mandatory minimum prison terms and fines set by the statute, and the terms rise with the weight.
Sentencing for PWISD
Felony sentences in North Carolina depend on the felony class and your prior record. With no prior record, Class H and Class I felonies allow probation, although active prison time is also possible for a Class H felony. Class F and Class G felonies carry more serious ranges, and trafficking requires prison.
A conditional discharge is not available for possession with intent to sell or deliver. It applies only to simple possession and paraphernalia. See conditional discharge.
Federal Drug Cases
Some drug investigations in the Outer Banks end up in federal court, including cases on National Park Service land. Mr. Donahue has federal criminal experience in the Eastern District of North Carolina. See federal charges.
How We Can Help
- Obtain and review the evidence, including the lab report, weights, search warrants, and body camera video
- Examine whether the stop and the search followed the law
- Explain the felony class, sentencing range, and possible outcomes for your record
- Represent you in Dare and Currituck County courts and in federal court
- Try your case when the facts and the law support it
- Communicate in Spanish through our legal assistant, Kaitlyn Fernandez
Possession With Intent FAQs
Is possession with intent to sell or deliver a felony?
Yes. It is a Class H felony for Schedule I and II drugs, a Class F felony for fentanyl, and a Class I felony for Schedule III through VI drugs, including marijuana.
What is the difference between PWISD and trafficking?
PWISD requires proof that you intended to sell or deliver. Trafficking is based on weight, and it carries mandatory prison terms.
Can I get a conditional discharge for PWISD?
No. North Carolina’s conditional discharge covers only simple possession and paraphernalia charges.
Will I go to prison?
It depends on the felony class and your prior record. With no prior record, Class H and Class I felonies allow probation. Trafficking carries mandatory prison terms.
Talk to an Outer Banks Drug Defense Lawyer
If you are charged with possession with intent to sell or deliver in Dare or Currituck County, call or text 252-715-5785. We will explain the charge, the possible sentence, and what the State has to prove. Se habla español.
Please do not include confidential or sensitive information in a contact form, text message, or voicemail.
This page is general information about North Carolina law, not legal advice for your situation.